Real v. Radir Wheels, Inc.

The Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 to -20, represents a legislative broadside against unsavory commercial practices. In this appeal, where an out-of-state consumer purchased a used automobile from an in-state seller via the internet, we are called on to determine whether the CFA’s reach extends far enough to grasp that transaction. The trial court determined that the in-state seller’s actions sufficed to prove a private cause of action under the CFA and to trigger its civil remedies. The Appellate Division, however, reversed, ruling that the commercial activities of a casual seller…